BARRY DON SIMMONS, PETITIONER AND APPELLANT,
v.
WALTER E. CRAVEN, WARDEN, FOLSOM STATE PRISON, RESPONDENT AND APPELLEE
BARRY DON SIMMONS, PETITIONER AND APPELLANT,
WALTER E. CRAVEN, WARDEN, FOLSOM STATE PRISON, RESPONDENT AND APPELLEE
435 F.2d 554
United States Court of Appeals for the Ninth Circuit (1971)
Topics
Explore caselaw by topic → Browse Plea Coercion cases and more on FLexlaw
Opinion of the Court
PER CURIAM:
The decision of the district court denying habeas corpus relief is affirmed.
Here a pre-Boykin (Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274) guilty plea is attacked.
There is no allegation that he did not understand the consequences of his plea. And, he had competent trial counsel.
The contention that his plea was coerced because there was a threat to use his wife as a witness is made. Assuming this would violate a privilege either he or his wife could claim, the answer is he had competent counsel, a state rule of evidence is involved, and we have held in Moss v. Craven, 9 Cir., 427 F. 2d 139, that Boykin is not retroactive.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Commodore William Moss v. Craven, 427 F.2d 139 (9th Cir. 1970)